Call Us – We’re Easy to Talk To
(214) 999-9999

Elder Law • Medicaid Planning • VA Benefits

Can You Get Compensation for a Child Born with Defects?

Nov 25, 2020

The birth of a child is an exciting time filled with what seems like endless possibilities. In some cases, a doctor may deliver the news that a newborn has developed a birth defect. The typical costs of certain treatments or procedures can make this information feel like a huge blow to some parents, but there is still hope. If your child was born with a defect, you may be able to gain some financial compensation to offset the cost of care or to help you get funds for surgeries to correct the issue.

Congenital Conditions

If you have a child who is diagnosed with a congenital condition, you may be able to seek financial compensation on their behalf. Some conditions that fall into this category are severe enough to be disabling. A child with a severe impairment may not be able to seek work when they are older. In these cases, young children may qualify for government SSI benefits. Once the child reaches adulthood, they may remain on SSI or switch to SSDI if any work history is present.

Malpractice Compensation

Advancements in medical science over the years have reduced the overall birth defect numbers that developed nations see in newborns. However, professionals in these fields can still make mistakes at any point when a patient is pregnant, in labor, or following delivery. If this sort of thing occurs, a qualified personal injury attorney may be able to help you seek compensation for damages. Birth defects can fall into this category of injury. If they are readily apparent when the child is young, you as the parent will be the one seeking compensation. In some cases, adults may be able to trace their defects back to malpractice and file personal injury claims that way.

Accident Remuneration

Aside from problems that can occur in a medical setting, you may be in an accident that could cause harm to your child’s development. A vehicle collision, physical altercation, bad fall, or any kind of injury due to another person’s negligence are just a few of the ways you might come to harm outside of a hospital. If any of these things happen, it is important to work with your attorney to determine liability and possible compensation.

VA Benefit Compensation

Some children may qualify for VA benefits if they meet particular criteria. Experts have linked a few birth defects to chemicals that veterans may have encountered. If you are a veteran and have a child who is diagnosed with something like spina bifida, the VA may compensate you by providing funds to help manage your child’s disability. Medical experts may determine that your exposure to various chemicals during active duty may have impacted the child’s development.

It may be difficult to find any kind of silver lining when it comes to a birth defect. No parent wants to hear that their child may suffer physical or emotional distress due to an accident or problem that no one could see coming. However, financial compensation is one tangible way that you might be able to offset the discomfort, various therapies, medications, or medical procedures your child might need in order to correct or live with the issue.

Brooke Chaplan is a freelance writer and blogger. She lives and works out of her home in Los Lunas, New Mexico. She loves the outdoors and spends most of her time hiking, biking, and gardening. For more information, contact Brooke via Facebook at facebook.com/brooke.chaplan or Twitter @BrookeChaplan

Topics

Archives

elder law attorney, estate planning, asset protection, medicaid planning, va benefits

Since starting his practice of law in 1971 Mr. Kraft has helped many thousands of people address their concerns and achieve their goals. He is committed to giving seniors and the people who love them information to cope with living and aging.

Contact us to see how we can help!